Terms of Service
Adapted from the Basecamp open-source policies / CC BY 4.0
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Nextjournal GmbH, based in Schinkestraße 9, 12047 Berlin.
When we say “service”, we mean "Nextjournal", the product and when we say "Services" we refer to all services provided by us.
We may update these Terms of Service in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on our blog or via our Twitter account.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate of any of these terms, we retain the right to suspend or terminate your account.
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Services for any purpose outlined in our Use Restrictions policy.
You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment, Refunds, and Plan Changes
If you are using a free version of our service, it is really free: we do not ask you for your credit card and — just like for customers who pay for our service — we do not sell your data.
For paid plans that offer a free trial, we explain the length of trial when you sign up. After the trial period, you will automatically be charged. If you do not pay, we will freeze your account and it will be inaccessible until you make payment.
For downgrades in plan level, the new rate starts from the next billing cycle.
We process refunds on a per-case basis. For refunds, please contact us at email@example.com or via Intercom.
Cancellation and Termination
You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in our Cancellation policy. You can also cancel your account by contacting us at firstname.lastname@example.org or via Intercom.
Your content will be inaccessible from the Services after 30 days following cancellation. Within 60 days, all content will be permanently deleted. We cannot recover this information once it has been permanently deleted. As long as you have access to your account, you can export your notebooks to a Markdown-compatible format and download your data.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. For refunds, please contact us at email@example.com or via Intercom.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
Sometimes it becomes technically impossible to continue a feature or we redesign a part of our service because we think it could be better or we decide to close new signups for some time. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our website or via our Twitter account.
Uptime, Security, and Privacy
Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. In general we do not offer service-level agreements except for our Enterprise customers and then only on a case-by-case basis. However, we do take uptime of our applications seriously. Visit status.nextjournal.com to see the status of our Services.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
To help you with support requests you make. We’ll ask for express consent before accessing your account.
To safeguard Nextjournal. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To the extent required by applicable law.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for Nextjournal.
Copyright and Content Ownership
All content posted on Nextjournal must comply with E.U. copyright law. If think you have found a case of copyright infringement, contact us at firstname.lastname@example.org.
We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via Nextjournal.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by us.
You must not modify another website so as to falsely imply that it is associated with the Services or Nextjournal GmbH.
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.
If you have a question about any of the Terms of Service, please contact our Support team.